Appeal against dismissal of petition recalling notice bailing warrants. Court held trial court rightly dismissed petition as petitioners failed to appear to execute bond.
Criminal Revision Case dismissed; order of the trial court under Section 70(2) Cr.P.C. upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE NO.1460 OF 2011
ORDER:
This revision by the petitioners-A1 and A4 under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is filed against the docket order, dated 03-05-2011, in Cr.M.P.No.610 of 2011 in C.C.No.248 of 2010 on the file of the XIV Metropolitan Magistrate, Cyberabad at L.B. Nagar, Ranga Reddy District, in dismissing the petition filed under Section 70 (2) Cr.P.C. for recalling N.B.Ws. issued against A1 and A4.
2. As the petitioners were not present, the trial Court issued N.B.Ws against the petitioners. Thereafter, they filed a petition under Section 70 (2) Cr.P.C. to re-call the warrant and the same was dismissed on the ground that the petitioners did not make their appearance before the Court. Section 70 (2) Cr.P.C. empowers the Court to recall the warrant. At the time of re-calling the warrant, necessarily the petitioners have to execute a bond for their due appearance on the next date of hearing. Unless the petitioners present before the Court, question of recalling the warrant does not arise as they have to execute a bond. Therefore, the trial Court rightly dismissed the petition and the said order needs no interference by this Court.
3. Accordingly, the Criminal Revision Case is dismissed.
K.C.BHANU, J
DATED:18-01-2012 Hsd
2 issues framed by the court
Whether the dismissal of a petition under Section 70(2) Cr.P.C. by the trial court for non-appearance of petitioners warrants interference in revision.
Whether the requirement to execute a bond for appearance negates the question of recalling a non-bailable warrant.
2 provisions across 1 enactments
A1 and A4
State
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
